Virender v. State of Haryana

Present: Mr.Kamal Sharma, Advocate, for the petitioner. SABINA, J. **** Petitioner had faced trial in case FIR No.7 dated 4.2.2009 registered at Police Station GRP Jind. Charge was framed against him under Sections 279, 304-A of the Indian Penal Code, 1860 (IPC for short) and Section 161 of the Railways Act, 1989 (the Act for short). The trial Court, vide judgment/ order dated 8.6.2011 convicted and sentenced the petitioner for commission of offence punishable under Sections 279, 304-A IPC and Section 161 of the Act. The said judgment and order were upheld by the Appellate Court vide judgment dated 16.10.2012. Hence, the present petition. Prosecution story, in brief, is that on 4.2.2009, five persons including the petitioner were travelling in the Auto Rickshaw driven by the petitioner. However, the Auto Rickshaw got struck at unmanned railway crossing at K.M.No.40/1. Petitioner as well as PW-12, who was also sitting in the Auto Rickshaw, managed to escape. Crl. Rev. No. 3591 of 2012 (O&M) 2 The train hit the Auto Rickshaw and as a result of this three persons died. Learned counsel for the petitioner has submitted that the petitioner had been falsely involved in this case after 16 days of the occurrence. Petitioner was innocent and had no connection with the Auto Rickshaw in question. After hearing the learned counsel for the petitioner, I am of the opinion that the present petition deserves to be dismissed. In the present case, although PW-12 Hardeep Singh, who was also allegedly travelling in the Auto Rickshaw, has not supported the prosecution case but the fact remains that as per affidavit dated